Scottish Government fails in bid to postpone legal showdown over gender reforms

Scottish ministers wanted the hearing delayed until the outcome of a separate case

The case is set to be heard in September Picture: Jane Barlow/PA Wire

The Scottish Government has failed in a bid to postpone a legal showdown with the UK government over Westminster’s decision to block controversial gender recognition reforms.

Lawyers for the Scottish Ministers went to the Court of Session on Friday to seek a cancellation of a hearing on the matter which was scheduled for September 2023.

Advocate Paul Reid told judge Lady Haldane that the postponement was needed because of an appeal brought to the Inner House of the Court of Session by For Women Scotland.

Mr Reid is acting for the Scottish Government in a judicial review which is being brought to the Court of Session by Holyrood.

It believes that the UK government acted unlawfully in blocking Scottish legislation to allow trans people to self identify in their gender of their choice.

On Friday, Mr Reid told Lady Haldane that the outcome of the For Women appeal could have ramifications for the Scottish Government’s judicial review.

However, lawyers for the UK government’s law officer, the Advocate General Lord Stewart of Dirleton KC, urged Lady Haldane to refuse the postponement request.

David Johnston KC told Lady Haldane that the hearings could proceed as they dealt with different legal issues. He also said that the Scottish Government knew of For Women Scotland’s appeal at the time the September hearing was arranged and this request came “too late”.

He said it was in the public interest to have the matter heard as soon as possible.

Lady Haldane agreed refused the Scottish Government’s request.

She said:

“In the event that For Women Scotland is successful in the Inner House, further submissions on the case can be made for whatever they see is appropriate..”

The Scottish Government have brought the judicial review over the UK government’s decision to use its powers under section 35 of the 1998 Scotland Act earlier this year to veto the law.

Legal papers lodged by the Advocate General in the current case state that Mr Jack was correct to make the section 35 order.

It states: “There were reasonable grounds for the Secretary of State to believe that the relevant provisions would have an adverse effect on the operation of the law as it applies to reserved matters.

“The order is accordingly lawful.”

it also states that the Scottish legislation could undermine the 2004 Gender Recognition Act.

Lawyers for For Women Scotland are set to address civil appeal judges in October 2023 with regard to a decision made earlier this year by Lady Haldane.

Lady Haldane’s ruling stated that “sex” provisions in the Equality Act 2010 could mean that men who have changed their gender to women - and who have a gender recognition certificate - could be regarded as being the same as women who were born female.

This means that trans women could sit on public boards and fulfil the Gender Representation on Public Boards Act’s requirement for public boards to be 50 per cent female in their make up.